THE STATE OF NEW HAMPSHIRE
SUPREME COURT
In Case No. 2012-0338, City of Manchester & a. v. Secretary
of State; City of Concord v. Secretary of State; Mary Jane Wallner
& a. v. Secretary of State; Town of Gilford & a. v. Secretary of
State; Marshall Quandt & a. v. Secretary of State, the court on
May 22, 2012, issued the following order:
The petitioners’ motion for preliminary injunction to delay the opening of
the filing period for candidates for the New Hampshire House of Representatives
is hereby denied.
The issuance of injunctions, either temporary or permanent, has long been
considered an extraordinary remedy. N.H. Dep’t of Envtl. Servs. v. Mottolo, 155
N.H. 57, 63 (2007). A preliminary injunction is a provisional remedy that
preserves the status quo pending a final determination of the case on the merits.
Id. An injunction should not issue unless there is an immediate danger of
irreparable harm to the party seeking injunctive relief, and there is no adequate
remedy at law. Id. Also, a party seeking an injunction must show that it would
likely succeed on the merits. Id. The petitioners have not met this heavy burden.
RSA 662:5, the redistricting statute challenged by petitioners, comes before
this court with a presumption of constitutionality, see N.H. Assoc. of Counties v.
State of New Hampshire, 158 N.H. 284, 288 (2009), and at this threshold stage of
the litigation we cannot say that the undisputed facts contained in the
interlocutory appeal documents are sufficient to overcome this presumption and
establish a likelihood of success on the merits. Moreover, although we recognize
that if this court were to find RSA 662:5 unconstitutional, the filing period might
have to be rescheduled and that this eventuality could be costly and
inconvenient, we are not persuaded that this constitutes irreparable harm.
Although we decline to grant a preliminary injunction, nothing in this order
precludes the secretary of state from exercising any discretion he may have to
delay the filing period for such period as he deems proper.
Dalianis, C.J., and Hicks, Conboy and Lynn, JJ., concurred.
Eileen Fox,
Clerk
Distribution:
Jason B. Dennis, Esq.
Tony F. Soltani, Esq.
Jason M. Surdukowski, Esq.
Martin P. Honigberg, Esq.
Danielle L. Pacik, Esq.
James W. Kennedy, III, Esq.
Thomas J. Donovan, Esq.
Peter V. Millham, Esq.
Matthew D. Huot, Esq.
Anne M. Edwards, Esq.
Stephen G. LaBonte, Esq.
Anthony J. Galdieri, Esq.
David A. Vicinanzo, Esq.
Richard J. Lehmann, Esq.
File
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